The Trump administration is planning to end work permit eligibility for certain spouses of H-1B visa holders in the United States, potentially affecting H-4 dependent spouses who currently qualify for employment authorization.
The Department of Homeland Security (DHS) has added a proposal titled “Removing H-4 Dependent Spouses From the Classes of Noncitizens Eligible for Employment Authorization” to its long-term regulatory agenda.
The proposed rule would reverse a policy introduced in 2015, which allowed certain H-4 dependent spouses of H-1B visa holders to apply for Employment Authorization Documents (EADs).
Under current rules, eligible H-4 spouses can obtain work authorization when their H-1B spouse has reached certain stages of the employment-based permanent residency process.
If the proposed regulation is finalized, affected H-4 spouses could lose the ability to obtain or renew their work permits.
The proposed changes have not taken effect. DHS has classified the measure as a “Long-Term Action”, and the department has not announced a target date for publishing the proposed rule.
The administration had previously sought to eliminate H-4 work authorization during President Donald Trump’s first term. Those efforts, however, did not result in a final rule.
The latest proposal comes as the Trump administration continues pursuing changes to the H-1B visa program and employment-based immigration system.
For now, existing H-4 employment authorization rules remain in effect until any formal regulatory change is proposed, finalized, and implemented.
